Robbery Laws in Minnesota (Minn. Stat. § 609.24 & 609.245)

In Minnesota, robbery is a serious felony that involves using force, threats, or intimidation to take property from another person. Unlike theft, robbery requires direct confrontation with the victim. The severity of the charge depends on whether a weapon was used or if the victim was injured.

Types of Robbery in Minnesota

1. Simple Robbery (Minn. Stat. § 609.24)

• Occurs when someone uses force or threats to take property from another person.
• No weapon is involved.
• Felony
  • Up to 10 years in prison
  • Fine up to $20,000

Example: A person grabs a purse from someone and pushes them to escape.

2. Aggravated Robbery (Minn. Stat. § 609.245)

First-Degree Aggravated Robbery

• Occurs when the offender:
  • Uses a dangerous weapon (e.g., gun, knife).
  • Causes or attempts to cause bodily harm.
• Felony
  • Up to 20 years in prison
  • Fine up to $35,000

Example: A robber points a gun at a cashier and demands money.

Second-Degree Aggravated Robbery

• Occurs when the offender:
  • Implies they have a weapon (even if they don’t).
  • Uses threats that cause the victim to fear great bodily harm.
• Felony
  • Up to 15 years in prison
  • Fine up to $30,000

Example: A person says, “I have a gun, give me your wallet,” but does not actually have a weapon.

Additional Factors That Increase Penalties

• Injury to the victim → Harsher sentences.
• Use of a firearm → Mandatory minimum sentencing may apply.
• Targeting a vulnerable person (elderly, disabled, etc.) → Enhanced penalties.
• Repeat offenses → Longer prison terms.

Defenses to Robbery Charges

Robbery is a serious felony in Minnesota, but several legal defenses may help reduce or dismiss charges. The best defense depends on the specific facts of the case, including whether force was used, if the accused was misidentified, or if there was a misunderstanding about ownership.

1. Lack of Force or Threats

• Robbery requires the use of force, threats, or intimidation to take property.
• If the property was taken without violence or threats, it may be classified as theft, which carries lighter penalties.

Example: If someone takes a wallet left on a table without confronting the owner, it is theft, not robbery.

2. Lack of Intent to Steal

• The prosecution must prove that the defendant intended to take property unlawfully.
• If the defendant believed they had a right to the property, the robbery charge might not hold.

Example: A person grabs their own phone back from someone who borrowed it, and the other person falsely accuses them of robbery.

3. Mistaken Identity or False Accusation

• If there is no direct evidence linking the defendant to the crime, they can argue mistaken identity.
• Eyewitness testimony is often unreliable, and security footage or an alibi can help prove innocence.

Example: A victim describes a robber wearing a hoodie, but multiple people in the area fit that description.

4. No Weapon / No Reasonable Fear (For Aggravated Robbery)

• If the prosecution cannot prove that the defendant actually had a weapon or created reasonable fear, the charge may be reduced from aggravated robbery to simple robbery (lower penalties).
• Example: A person jokingly says, “Give me your money or else,” but the victim knew it was not serious.

5. Duress or Coercion

• If the defendant was forced to commit robbery under threat of harm, they may argue duress.
• The threat must be immediate and serious (e.g., a gang forces someone to rob a store under threat of death).

6. Intoxication (Limited Use)

• Voluntary intoxication (being drunk or high) is not a full defense but may challenge intent.
• Example: If someone was too intoxicated to form the intent to steal, the charge might be reduced.

7. Constitutional Violations (Illegal Search & Seizure / Coerced Confession)

• If law enforcement violated the defendant’s constitutional rights, the case may be dismissed.
• Examples:
  • Police searched a home without a warrant.
  • The defendant was forced into a confession through improper interrogation.